{"id":60207,"date":"2025-02-21T10:09:27","date_gmt":"2025-02-21T15:09:27","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60207"},"modified":"2025-02-21T11:46:31","modified_gmt":"2025-02-21T16:46:31","slug":"s-d-n-y-sublessee-of-apartment-had-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60207","title":{"rendered":"S.D.N.Y.: Sublessee of apartment had standing"},"content":{"rendered":"\n<p>Sublessee of an apartment had standing to challenge its search. This can\u2019t be compared to burglars or squatters. United States v. Ephron, 2025 U.S. Dist. LEXIS 28794 (S.D.N.Y. Feb. 18, 2025).<\/p>\n\n\n\n<p>Defendant wasn\u2019t seized during his encounter with the police at a car wash where he was asked for his ID and it was returned to him. He wasn\u2019t blocked in other otherwise restrained. State v. Shipman, 2025 N.C. App. LEXIS 62 (Feb. 19, 2025).*<\/p>\n\n\n\n<p>Plaintiff inmate sued over his legal mail being opened, searched, and maybe even seized outside his presence. Caselaw supports the claim, but it\u2019s not fully clear here. The motion to dismiss is denied for now so the issues can be fleshed out, particularly qualified immunity. Warner v. Chambers-Smith, 2025 U.S. Dist. LEXIS 28844 (S.D. Ohio Jan. 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Sublessee of an apartment had standing to challenge its search. This can\u2019t be compared to burglars or squatters. United States v. Ephron, 2025 U.S. Dist. LEXIS 28794 (S.D.N.Y. Feb. 18, 2025). Defendant wasn\u2019t seized during his encounter with the police &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60207\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[113,69,34],"tags":[],"class_list":["post-60207","post","type-post","status-publish","format-standard","hentry","category-prison-and-jail-searches","category-seizure","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60207","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60207"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60207\/revisions"}],"predecessor-version":[{"id":60212,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60207\/revisions\/60212"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60207"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}